BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PONDICHERRY

C.C.No.55/2011

Dated this the 11^th day of March 2015.

Edwards, S/o.Stephen

No.13, New Kamaraj Nagar,

Gorimedu,  Puducherry-605 006.                         ….       Complainant

Vs.

1. The Authorised Signatory

    Excellence Computer Point,

    No.10-11, Kamaraj Salai,

    Puducherry-11.

2. The Proprietor

    Dell Authorised Service Center,

    No.1, Salzburg Square,

    No.101, Harington Road, Chetpet,

    Chennai-31.                                                          ….     Opposite Parties

BEFORE:

            THIRU.A.ASOKAN, B.A., B.L.,

            PRESIDENT 

Tmt. PVR. DHANALAKSHMI, B.A.,B.L.,

           MEMBER

FOR THE COMPLAINANT          :  Thiru.R.T. Shankar, Advocate.

FOR THE OPPOSITE PARTIES  : OP.1: Thiru. R.Sivaraman, Advocate

      OP.2: Thiru. S.Vimal, Advocate

O R  D  E  R

(By Thiru.A.ASOKAN, President)

This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 praying :

1. To direct the first opposite party to deliver a new computer by replacing the old one to the complainant with fresh warranty or to pay the cost of the computer Rs.39,300/- (Rupees thirty nine thousand and three hundred only) alongwith Rs.4800/- for the money he spent for the Chennai Trip with 12% interest per annum and Rs.50,000/- (Rupees fifty thousand) for the physical and mental agony
2. To direct the opposite parties to pay a sum of Rs.10000/- (Rupees ten thousand only) to the complainant.
3. To pass necessary orders in the interest of justice.

2.         The case of the complainant is as follows:

            The complainant is the founder and Head Preacher of a church by name I.A.G Church at Kamaraj Salai, Gorimedu, Puducherry. On 31.12.2010, he approached the first opposite party and purchased one Laptop computer for an amount of Rs.39,300/-.  The description given in the invoice is Dell-INS14R-13/3/320/WTP-Pink S/No.1B7Z6BS, (2) Back Pack-Dell.  For the said laptop, the first opposite party had not given any warranty or guarantee card and the terms and conditions and the manual book etc.  The second opposite party had verbally told the complainant that it has one year warranty.  The Laptop was not working properly within 6 hours from the date of purchase.  Immediately the complainant approached the first opposite party and explained the problems.  The first opposite party did not take any steps to rectify the defect instead they told the complainant to send the Laptop to the second opposite party office at Chennai.

3.         The complainant sent the Laptop to Chennai through a representative by spending Rs.1200/- per trip.  Likewise four times he sent different persons with the computer.  But, no proper rectification received from the second opposite party.  The first opposite party had sold an old and assembled computer to the complainant and thereby cheated the complainant.  This gave physical and mental agony to the complainant and also he had spent unnecessary money for the computer.  So finally on 24.05.2011 the complainant had issued an advocate notice calling upon the first opposite party to deliver a new computer by replacing the defect one.  Though the first opposite party received the advocate notice,  he did not come forward to take necessary steps either to give a new computer or to reply the advocate notice.  The second opposite party refused to receive the advocate notice.  Hence this complaint.

4.         The reply version of the first opposite party is as follows:

            This opposite party denied all the averments narrated in the complaint except those that are specifically admitted in the reply version.   The Dell Laptop bearing service tag No.1B7Z6BS, which is the subject matter of the present complaint, was purchased from the first opposite party which is a sales affiliate of Dell India Pvt. Ltd. after fully understanding the particulars, features and specifications of the product and satisfying himself about the system.  The said Laptop carried one year Next Business Day warranty from the date of invoice. The warranty details are mentioned are mentioned in website of the Dell India Pvt. Ltd and the party who is desirous of filing out about the warranty of his product can find the necessary details on the said website.  This opposite party denied that the complainant had problem in the laptop within 6 hours of purchase. The complainant never approached the first opposite party for malfunctioning of the laptop.  It is clearly specified in the invoice Dell Direct Warranty Call 18004258015 for any service.  But the complainant had been never followed this and only after a period of three months on 08.04.2011 he had approached the opposite party no.2.  As per the policy of Dell India Pvt. Ltd., any sales affiliate of Dell India Private Limited is authorised to sell only a new products.  The first opposite party being the sale affiliate of Dell India Pvt. Ltd., the company is certain that the system sold to the complainant was a brand new one.

5.         It is further submitted that the opposite parties 1 and 2 has rendered every best effort possible to resolve and rectify the issues raised by the complainant.  The laptop is in perfect working condition and the same was informed to the complainant by the second opposite party.  Inspite of numerous request and reminders, the complainant has not collected the laptop.   So, it is failure on the part of the complainant to collect the laptop from the second opposite party and there was no deficiency in service on the part of the first opposite party, hence this opposite party is not liable to compensate the complainant.

6.         The reply version of the second opposite party is as follows:

            The complaint is not maintainable either in law or on facts.  The second opposite party is an authorised service centre of Dell India Pvt. Ltd.  The present complaint is totally misconceived, lack bonafides. The complainant has failed to disclose material facts before this Forum.  The laptop bearing service tag No.1B7Z6BS was purchased from the first opposite party, which is a sales affiliate of Dell India Pvt. Ltd.  The complainant has purchased the said laptop on 31.12.2010 from the first opposite party after fully understanding the particulars, features and specifications of the product and satisfying himself about the system.    The said laptop carried one year Next Business Day (NBD) warranty from the date of invoice. NBD warranty is one in which the customer is entitled to receive assistance over the phone and when the issues cannot be solved through the assistance over the phone an onsite engineer is sent on the very next business day to rectify the issues.  The complainant did not attempt to contact the technical support team of Dell India Pvt. Ltd., directly, to report any issues and instead, decided to take the system to the opposite party no.2 in Chennai on 08.04.2011 and reported that the hard drive was making noise and also reported that the system was freezing intermittently. 

7.         The second opposite party ran diagnostics (a test which determines what hardware on the system is faulty) which determined that there was no issue with the hardware.  However as the noise still persisted, the second opposite party on 09.04.2011, replaced the hard drive of the laptop and this opposite party is unable to find any freezing issues.  The complainant has signed the Service Delivery Activity Report confirming that the issue was resolved. On 03.05.2011, the complainant once again took the system to the second opposite party and reported that he was facing overheating issues and getting blue screen errors.  After carrying out the diagnostics, the second opposite party reinstalled the operating system which was in the nature of a software update process.  The complainant visited the second opposite party office on 11.05.2011 and upon checking the system's functionality, he confirmed that the system was working fine.  Thereafter the complainant refused to take the laptop back and demanded replacement. The second opposite party has rendered every best effort possible to resolve and rectify the issues raised by the complainant.  The laptop is in perfect working condition and the same was informed to the complainant by the second opposite party.  Inspite of numerous request and reminders, the complainant has not collected the laptop.  Upon receiving the advocate notice, the second opposite party once again tried calling the complainant on the phone number provided (+91 94433397457) and one Mr.Lawrence answered the call and informed that he was the complainant's brother and that he had no information about the system's issue.  Whenever the second opposite party called, nobody answered the call.  This opposite party denies the allegations that the complainant has been cheated by the second opposite party.  This opposite party offered all possible assistance as per the terms and conditions of the warranty.  This was done without prejudice to its rights and with an intention to amicably settle the disputes.  There is no negligence or deficiency in service on the part of this opposite party, hence prayed to dismiss the complaint with compensatory cost.

8.         On the side of the complainant, he has chosen to examine himself as PW.1 and marked Exs.C1 to C6.  On the side of the opposite parties, one Mr.Sunderarajan V.S., Client Tech Superintendent Senior Associate at Dell India Pvt. Ltd., Bangalore has been examined as RW.1 and marked Exs.R1 to R3.

9.         Points for determination are:

1. Whether the complainant is the consumer?
2. Whether the opposite parties committed deficiency in service?
3. To what relief the complainant is entitled for?

10.       Point No.1:

            The complainant has purchased one DELL – INS 14AR Laptop from the first opposite party for valid consideration of Rs.39,300/- vide Ex.C1 on 31.12.2010 and availed service from the second opposite party vide Ex.C2(1)(2). Hence the complainant is the consumer for the opposite parties.

11.       Point No.2:

            We have perused the complaint, reply version of the opposite parties, Exs.C1 to C6, Ex.R1 to R3 and evidence of complainant and the second opposite party.  From the above materials, we have ascertained that there is no dispute regarding the purchase of Laptop from the first opposite party and availed service from the second opposite party.  The allegation of the complainant is that the opposite parties had not given any warranty or guarantee card and terms and conditions and the manual book to the complainant.  The further allegation made by the complainant is that the Laptop purchased by the complainant was not working properly within 6 hours from the date of purchase.  The complainant stated that he approached the first opposite party but did not take any steps to rectify the defects.

12.       The opposite parties denied the allegation that the particulars of warranty, terms and conditions, features and specifications of the product were not explained to the complainant. The complainant fully understood about the systems before and after the purchase of the Laptop.  The first opposite party further submits that the laptop purchased from the first opposite party carried one year Next Business Day warranty from the date of invoice.  Dell India Private Limited does not provide a physical warranty card for the same as the warranty period starts from the date of invoice. The warranty details are mentioned on the website of the Dell India Private Limited (www.Support.dell.com) and the party who is desirous of finding out about the warranty of his product can find the necessary details on the said website.  It was clearly explained to the complainant at the time of sale of the laptop. 

13.       The complainant has not adduced any evidence to prove that the said Laptop was not working properly within 6 hours from the date of purchase.  But the complainant entrusted the said Laptop through Ex.C2 (1)(2) within four months in person to the second opposite party at Chennai on 08.04.2011 on the instruction of the first opposite party to attend the problem in H.D.D i.e. re-lacing the H.D.D.  The second opposite party rectified the defect and returned the laptop to the complainant on the next day.   As per Ex.C2(2) second time the complainant handed over the said Laptop in person on 03.05.2011 within one month from the date of the first repair to the second opposite party at Chennai for the problem of Blue Screen error and for systems gets overheated.

14.       The complainant further alleged that even the said laptop having on-site warranty, the opposite parties have not offered the same.  On contra, the opposite parties rectified the defects in the said laptop at their Chennai Service Centre.  The complainant further alleged that for the same he has spent Rs.1200/- for his trip to Chennai.

15.       The opposite parties denied the allegation that the complainant approached the opposite parties for on-site warranty and pleaded that on his own the complainant approached the opposite parties for rectifying the defects.  The opposite parties submitted that they never refused to give service at the door steps of the complainant.

16.       Now the issue is whether the Laptop was defective one and whether it was rectified by the opposite parties.  It is evident from the Ex.C2 (1)(2) that on two occasions the said laptop was sent to the second opposite party for service.  The second opposite party rectified the defects at the first time and handed over the same to the complainant on the next day.  The complainant approached the second opposite party second time on 03.05.2011 for rectifying the defects.  But the second opposite party not intended to return the said Laptop in time to the complainant.  The complainant has sent the legal notice Ex.C3, date 24.05.2011 to the opposite parties to replace the laptop.  Ex.C4 is the acknowledgement due card for Ex.C3 served to the first opposite party and Ex.C5 is the returned envelope of Ex.C3 to the second opposite party.  The opposite parties have not taken any steps to return the rectified laptop or to provide brand new laptop or even to send any reply to the complainant.  There is no proof filed by the opposite parties that they intimated about the rectified laptop to the complainant.  But during pendency of the complaint, the second opposite party has sent after two years Ex.C6 on 19.02.2013 to the complainant stating that the laptop has been repaired and functioning as per design.   The second opposite party produced the laptop only on 08.04.2014 before this Forum.

17.       From the above facts and circumstances, it is clear that the said Laptop was defective one and rectified by the opposite parties.  The second opposite party has not intimated the same to the complainant in time.  The opposite parties ought to have taken steps to intimate or despatch the laptop to the complainant after receipt of Ex.C3 or after receipt of notice dated 12.10.2011 from this Forum or on the first hearing date 03.11.2011.  But the opposite parties sent Ex.C6 on 19.02.2013 and deposited the Laptop before this Forum only on 08.04.2014.  These attitudes of the opposite parties clearly reveal the negligent act and deficiency in service of the opposite parties.  The complainant has not used the laptop from the date of purchase till date.  The purpose for which he purchased is not served and the complainant submitted that he has purchased a new laptop for his day to day affairs.  It is clear that the rectified laptop will not serve the purpose of the complainant and as on date it is four years old model.   The second opposite party/RW.1, during his cross examination stated that "the said Laptop was under warranty at the time of complaint registered with Dell.  It is true that the hard disk has been replaced by the second opposite party at the first service within four months of purchase.  It is true that the hard disk problem is hardware problem and admitted that we are the only liable person to replace or repair or do anything in MO.1".   To meet the ends of justice this Forum is inclined to pass an order that the opposite parties have to return the cost paid by the complainant towards the purchase of laptop.  The complainant is entitled for the compensation for his loss and sufferings.  Hence this complaint is hereby allowed.

18.       Point No.3:

In view of the decision taken in point no.2, the opposite parties are directed to return the cost of the MO.1, the laptop of  Rs.39,300/- to the complainant and the opposite parties are directed to pay a sum of Rs.7000/-  as compensation to the complainant for the deficiency in service and for the negligent act of the opposite parties.  The opposite parties are directed to pay a sum of Rs.5000/- as cost of the proceedings.  

The opposite parties are entitled to get back the MO.1 Laptop from this Forum after compliance of this order.

Dated this the 11^th day of March 2015.

1. ASOKAN)

PRESIDENT

(PVR. DHANALAKSHMI)

MEMBER

COMPLAINANTS WITNESS:  

CW.1             01.11.2013                Edwards

OPPOSITE PARTY S WITNESS: 

RW.1              06.06.2014                Sunderarajan

 COMPLAINANTS EXHIBITS:

OPPOSITE PARTY S EXHIBITS:   

LIST OF MATERIAL OBJECT:

MO.1              DELL – INS 14AR Laptop

1. ASOKAN)

PRESIDENT

(PVR. DHANALAKSHMI)

MEMBER